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2025 DAILYLAW 191629 (ALL)

SANTOSH KUMAR YADAV AND 2 OTHERS v. STATE OF U.P. AND 4 OTHERS

WRIA/15386/2025 · 2025-10-13

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 15386 of 2025 Court No. - 52 HON'BLE MRS. MANJU RANI CHAUHAN, J. Heard learned counsel for the petitioner, Mr. Vivek Kumar Rai, learned counsel for respondent nos.2 and 4 and learned standing counsel for the State. The writ petition has been filed with the following prayers:- "(i) Issue a writ, order or direction in the nature of mandamus directing the respondent nos.2 & 3 to issue "NOC" in favour of the petitioners for fill up the application from under advertisement no.2/1678/220/Pratiniyukti-Adhi./2025 dated 17.09.2025 issued by the respondent no.5. (ii) Issue a writ, order or direction in the nature of mandamus directing the respondents to give permission to the petitioners for fill up the application form under advertisement no.2/1678/220/Pratiniyukti-Adhi./2025 dated 17.09.2025 issued by the respondent no.5, after passing the last date i.e. 10.10.2025. (iii) Issue a writ, order or direction in the nature of mandamus directing the respondents to consider the grievance of the petitioners." At the very outset, Mr. Vivek Kumar Rai, learned counsel for respondent nos.2 and 4, submits that as there is shortage of staff in his department, therefore, 'No Objection Ccertificate' cannot be issued to the petitioners for making an application for deputation in some other department as per the relevant provisions. Even otherwise the last date for filling up form has already expired, therefore, no relief can be granted. However, in case a representation is given by the petitioners before respondent no.5, the same Versus Counsel for Petitioner(s) : B.B.Rai, Sunil Kumar I Counsel for Respondent(s) : C.S.C., Vivek Kumar Rai Santosh Kumar Yadav And 2 Others .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) shall be decided in accordance with law. Considering the facts and circumstance of the case but without expressing any opinion on the merits of the case set up on behalf of the petitioners, the present writ petition is disposed of by providing that petitioners may make fresh applications/representations, ventilating all their grievances, supported by such documents, as may be advised, before the respondent no.5 Director, Nagar Nikay, Directorate, U.P., Lucknow, within three weeks from today along with a certified copy of this order. On such representation being made, respondent no.5 shall make all endeavours to consider and decide the same, strictly in accordance with law, by means of a reasoned and speaking order, after giving proper opportunity of hearing to the parties concerned, as expeditiously as possible, preferably within a period of six weeks from the date of production of certified copy of this order, if there is no legal impediment. October 14, 2025 Rahul. WRIA No. 15386 of 2025 2 (Mrs. Manju Rani Chauhan,J.) Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad